C.R. England has just received another slap in the face. As part of the ongoing saga of the OOIDA v. C.R. England lawsuit, a judge has just issued what essentially amounts to a “stop-whining-and-pay-the-fine” order.
In 2007, OOIDA won the massive case against the huge mega-carrier when Judge Ted Stewart ruled that C.R. England had violated federal Truth-in-Leasing regulations by improperly managing thousands of truckers’ escrow accounts. Since the judge ordered that every single penny be accounted for, the task of figuring out how much is owed to the individual members of the class action suit has only just been completed.
In their typical thoughtful way of doing things, C.R. England issued several requests to the court including a petition that would have caused drivers to have to prove “detrimental reliance” in order to recover their escrow funds. Basically, C.R. England only wanted to pay what was owed if drivers went through the process of individually proving that they really, really needed the money. In fact, according to David Cohen of The Cullen Law Firm, OOIDA’s litigation counsel, C.R. England filed objections to virtually all of the rulings of the magistrate judge.
No dice, CRE, sorry. On Feb. 11th, U.S. District Court Judge Ted Stewart denied every single one of CRE’s objections and motions with only one exception; they no longer had to pay an interest rate of 18% on the funds they held, it was downgraded to the standard 91-day treasury bill rate. It was a small concession that he ruled on because the 18 percent interest rate was, as he put it, punitive instead of compensatory.
So, CRE, you’ve lost the ruling, taken about five years to do the math, submitted motions to reconsider for just about everything, lost every appeal along the way, and now –finally– a judge has basically told you to just shut up and pay up. The whole trucking industry wants to know… how long is it going to take you to pay?